I-94 Expiry Date Incorrect

[safc1926 0]

I am here on my Fathers L visa and my I-94 Expires at the end of November, even though I turned 21 at the end of January. On the advice of my first lawyer I was told i was fine to stay and would not be out of status, as the I-94 had not expired. Now the time has come to change the visa I am on, I have been told that I may infact be out of status as I turned 21 in January and the 180 days have past.

Does anyone have any advice on how to proceed, or knowledge of a similar situation to help me with?

Thanks

[Ian H. 207]

As long as your I 94 is still valid, you aren't considered out of status, and you can't accrue "unlawful presence." Who told you that you were out of status, another lawyer? If so, I wouldn't know who to believe. However, if it was anybody else, I would only trust what the lawyer told me, if he's reputable anyway. Also, you may be able to change to F1, but I don't know if you could do it while still here in the US or if you would have to leave and apply abroad.

[safc1926 0]

Yes that's the problem, I have one lawyer telling me I am fine as the I-94 is still valid, which is why I stayed past my 21st birthday. This lawyer moved to Washington DC, and so I reached out to another local lawyer that other people have had success with, and her advice was that as it technically should've expired upon me turning 21, it is invalid and when i try and apply for a new visa they will have a hard time approving because of this.

[Ian H. 207]

That's what I hate about lawyers, or should I say LIARS. How are you supposed to know which one is right? I mean the CBP officer should know whether to authorize the stay until you turned 21 or not, when you entered. They do have discretion so he could've let it be valid until the end of your visa. I would consult another lawyer, one with plenty of years of experience on immigration law, preferably nonimmigrant visas. Also with verifiable reputation. Think of it like getting a second opinion on a medical decision. Then whatever he says, would be what you base your decision on. This is an important decision to make and you want to make sure you don't do anything that would hamper any future visas based on bad legal advice. This is the best I can tell you. Good luck!

Yes that's the problem, I have one lawyer telling me I am fine as the I-94 is still valid, which is why I stayed past my 21st birthday. This lawyer moved to Washington DC, and so I reached out to another local lawyer that other people have had success with, and her advice was that as it technically should've expired upon me turning 21, it is invalid and when i try and apply for a new visa they will have a hard time approving because of this.

[Ian H. 207]

It looks like as long as your I-94 is valid you are not out of status because you haven't otherwise violated your visa. You were authorized to stay in the country up until the date on your I-94 even though you turned 21. It looks like your first lawyer was right. As long as you leave the US or change to another visa class like F1, for example, you wouldn't be denied, because you have a perfectly valid I-94 and you haven't been "found" to have violated your status. I found this:

"Overstays" are nonimmigrants who have remained in the United States beyond

the expiration date on their I-94 cards. If a nonimmigrant overstays the date certain on

his or her 1-94 card by even one day without having filed a petition for change or

extension of status prior to expiration, he or she will be unable to change or extend

nonimmigrant status and must apply for a new visa (and all future nonimmigrant visas)

in his or her country of nationality. INA §222(g). This fact comes as a shock and

disappointment to many foreign nationals who have grown accustomed to the

convenience of applying for visas as third country nationals at a U.S. Consulate of

convenience in Canada or Mexico.

2. Application of INA §212(a)(9)(B) – The Three- and Ten-Year

Bars

Another consequence overstays face is the accrual of "unlawful presence."

Unlawful presence means physical presence in the United States after the expiration of

the period of authorized stay or without having been admitted or paroled. INA

§212(a)(9)(B)(ii). For a status violator who has not overstayed the authorized period of

stay noted on his or her I-94 card, unlawful presence begins to accrue when the INS

makes a determination that a status violation has occurred. For an overstay, however,

accrual of days of unlawful presence begins the day after the expiration date on the I-94

card. An individual who is unlawfully present in the United States for more than 180

consecutive days but less than one year and who voluntarily departs the United States is

inadmissible for a period of three years after departure. INA §212(a)(9)(B)(i)(I). An

individual who accrues one year or more of unlawful presence is inadmissible for a

period of ten years after departing the United States voluntarily. INA §212(a)(9)(B)(i)(II).

Note that days in unlawful presence must be consecutive; multiple periods of unlawful

presence, each not exceeding 180 days and separated by departures from the United

States, are not aggregated for purposes of the three- and ten-year bars. INS

Memorandum 96ACT043 HQIRT 50/5.12, June 17, 1997, reprinted in 74 Interpreter

Releases 1046.

Here is the link:

http://www.fosterquan.com/content/includes/AttorneyArticles/MaintainingNonimmigrantStatus.pdf

[Ian H. 207]

Also make sure you change your visa type or leave the US before the I-94 expires, since you won't be able to renew under the L2 anymore.

[safc1926 0]

Thanks for your help!

[Abc2016 0]

Hey can you please tell me that were you out of status or not as i am in the same position as you right now. Were you able to change your nonimmigrant visa?

[TBoneTX 43,020]

Welcome to the forum. The OP hasn't logged on to the site in 2 years, so a reply is unlikely. Start a new topic of your own, with a meaningful Subject title, and ask.

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